Legal Dictionary

motion to suppress

n. a motion (usually on behalf of a criminal defendant) to disallow certain evidence in an upcoming trial.

mouthpiece

n. old-fashioned slang for one's lawyer.

move

v. to make a motion in court applying for a court order or judgment.

multiplicity of suits

n. several actual or potential lawsuits which should be joined together in one suit and one trial. It is a basic principle of law that multiplicity is to be avoided when possible, practical and fair. Example: several suits are filed by different people against the same person or entity, based on the same set of facts and the same legal issues. On motion of either party or by the judge's own determination, the judge can order the cases consolidated.

municipal court

n. a lower court which usually tries criminal misdemeanors and civil lawsuits involving lesser amounts of money than district courts.

murder

n. the killing of a human being by a sane person, with intent, malice aforethought (prior intention to kill the particular victim or anyone who gets in the way) and with no legal excuse or authority. In those clear circumstances, this is first degree murder. By statute, a killing in which there is torture, movement of the person before the killing (kidnapping) or the death of a police officer or prison guard, or it was as an incident to another crime (as during a hold-up or rape), to be first degree murder, with or without premeditation and with malice presumed. Second degree murder is such a killing without premeditation, as in the heat of passion or in a sudden quarrel or fight. Malice in second degree murder may be implied from a death due to the reckless lack of concern for the life of others (such as firing a gun into a crowd or bashing someone with any deadly weapon). Depending on the circumstances and law, murder in the first or second degree may be chargeable to a person who did not actually kill, but was involved in a crime with a partner who actually did the killing or someone died as the result of the crime. A charge of murder requires that the victim must die within a year of the attack. Death of an unborn child who is "quick" (fetus is moving) can be murder, provided there was premeditation, malice and no legal authority. Thus, abortion is not murder under the law.

mutual wills

n. wills made by two people (usually spouses, but could be "partners") in which each gives his/her estate to the other, or with dispositions they both agree upon. A later change by either is not invalid unless it can be proved that there was a contract in which each makes the will in the consideration for the other person making the will.

natural person

n. a real human being, as distinguished from a corporation, which is often treated at law as a fictitious person.

necessary inference

n. 1) a conclusion militated by reason and logic applied to known facts. 2) unavoidable meaning.

negative declaration

n. a finding by a city council or other local government that a proposed development or project would have no effect on the environment and therefore the developer need not prepare and file an "environmental impact report."

negligence

n. failure to exercise the care toward others which a reasonable or prudent person would do in the circumstances, or taking action which such a reasonable person would not. Negligence is accidental as distinguished from "intentional torts" (assault or trespass, for example) or from crimes, but a crime can also constitute negligence, such as reckless driving. Negligence can result in all types of accidents causing physical and/or property damage, but can also include business errors and miscalculations, such as a sloppy land survey. In making a claim for damages based on an allegation of another's negligence, the injured party (plaintiff) must prove: a) that the party alleged to be negligent had a duty to the injured party-specifically to the one injured or to the general public, b) that the defendant's action (or failure to act) was negligent-not what a reasonably prudent person would have done, c) that the damages were caused ("proximately caused") by the negligence. An added factor in the formula for determining negligence is whether the damages were "reasonably foreseeable" at the time of the alleged carelessness. If the injury is caused by something owned or controlled by the supposedly negligent party, but how the accident actually occurred is not known (like a ton of bricks falls from a construction job), negligence can be found based on the doctrine of res ipsa loquitor (Latin for "the thing speaks for itself").

negligent

adj., adv. careless in not fulfilling responsibility.

negotiation

n. 1) the transfer of a check, promissory note, bill of exchange or other negotiable instrument to another for money, goods, services or other benefit. 2) give-and-take discussion or conference in an attempt to reach an agreement or settle a dispute.

net estate

n. the remaining estate of a person who has died, calculated by taking the value of all assets and subtracting all debts of the person who died, including funeral costs, expenses of administering the estate and any other allowable deductions.

next friend

n. a person (often a relative) who voluntarily helps a minor or incompetent in legal matters, particularly by filing a lawsuit.

nihil

(ni [as in it]-hill) n. from Latin for nothing.

nisi prius

(nee-see pree-us) adj. Latin for "unless first," in some jurisdictions it means the original trial court which heard a case as distinguished from a court of appeals, as in court nisi prius. "Court of original jurisdiction" is often substituted for the term nisi prius.

no fault divorce

n. divorces (dissolutions) in which neither spouse is required to prove "fault" or marital misconduct on the part of the other. To obtain a divorce a spouse must merely assert incompatibility or irreconcilable differences, meaning the marriage has irretrievably broken down. This means there is no defense to a divorce petition (so a spouse cannot threaten to "fight" a divorce), there is no derogatory testimony, and marital misconduct cannot be used to achieve a division of property favorable to the "innocent" spouse.

nolle prosequi

(no-lay pro-say-kwee) n. Latin for "we shall no longer prosecute," which is a declaration made to the judge by a prosecutor in a criminal case (or by a plaintiff in a civil lawsuit) either before or during trial, meaning the case against the defendant is being dropped. The statement is an admission that the charges cannot be proved, that evidence has demonstrated either innocence or a fatal flaw in the prosecution's claim or the district attorney has become convinced the accused is innocent.

nominal damages

n. a small amount of money awarded to a plaintiff in a lawsuit to show he/she was right but suffered no substantial harm.

nominee

n. 1) a person or entity who is requested or named to act for another, such as an agent or trustee. 2) a potential successor to another's rights under a contract. 3) the executor proposed by a person in a will is a nominee until officially appointed by the judge after the testator (will writer) has died, and the will is submitted for probate (administration of the estate). 4) a person chosen by convention, petition or primary election to be a candidate for public office.

non sequitur

(nahn sek [as in heck]-kwit-her) n. Latin for "it does not follow." The term usually means that a conclusion does not logically follow from the facts or law, stated: "That's a non sequitur."

non-contestability clause

n. an insurance policy provision which requires the insurance company to challenge any statement in the application for the insurance within a specific time. This prevents the company from denying coverage on the basis of fraud or error in the application when a claim is made by the policyholder.

non-discretionary trust

n. a trust in which the trustee is directed to invest only in specifically named securities and to diversify the investments among certain types of securities. The trustee has no discretion or personal decision-making power in the matter.

non-profit corporation

n. an organization incorporated under state as operating for educational, charitable, social, religious, civic or humanitarian purposes. A non-profit corporation (also called "not for profit corporation") is formed by incorporators, has a board of directors and officers, but no shareholders. These incorporators, directors and officers may not receive a distribution of (any money from) profits, but officers and management may be paid reasonable salaries for services to the corporation.